HLS 18RS-913 ENGROSSED
2018 Regular Session
HOUSE BILL NO. 449
BY REPRESENTATIVES EDMONDS, BAGLEY, CHANEY, COX, HENSGENS,
HOFFMANN, HORTON, JACKSON, JOHNSON, LEBAS, POPE, STAGNI, AND
STOKES
ABORTION: Enacts the Adoption Option Act providing for information on adoption to be
conveyed pursuant to the Woman's Right To Know law
1 AN ACT
2To amend and reenact R.S. 40:1061.17(C)(1)(e) and (D)(introductory paragraph) and (2) and
3 to enact R.S. 40:1061.17.1, relative to regulation of abortion; to provide for
4 information to be conveyed pursuant to the Woman's Right To Know law; to provide
5 relative to the abortion alternatives and informed consent website of the Louisiana
6 Department of Health; to provide for delivery of information concerning adoption;
7 to provide for a task force to assist the Louisiana Department of Health in developing
8 certain informational resources; and to provide for related matters.
9Be it enacted by the Legislature of Louisiana:
10 Section 1. R.S. 40:1061.17(C)(1)(e) and (D)(introductory paragraph) and (2) are
11hereby amended and reenacted and R.S. 40:1061.17.1 is hereby enacted to read as follows:
12 §1061.17. Woman's Right To Know
13 * * *
14 C. Publication of abortion alternatives and informed consent website.
15 (1) The department shall cause to be published in English, within one
16 hundred twenty days after enactment of this Act, and shall update on an annual basis,
17 or as needed, the following easily comprehensible information on a stable Internet
18 website that shall be developed and maintained by the department to inform the
19 public of the public and private agencies and services available to assist a woman
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1 through pregnancy, upon childbirth, and while her child is dependent, including but
2 not limited to the following information that shall indicate the agency's or service's
3 physical address, telephone number, and web address if available:
4 * * *
5 (e) Information on a separate and featured subpage of the department's
6 website, accessible by redirecting from the domain name AdoptionOption.La.Gov,
7 that lists public and private nonprofit adoption agencies that are not affiliated with
8 an abortion provider, along with easily comprehensible first steps to aid pregnant
9 women seeking to confidentially explore the option of placing her child for adoption,
10 and indicating whether the adoption agency allows the woman to choose the adoptive
11 parents.
12 * * *
13 D. Publication of printed materials. The department shall cause to be
14 published, within one hundred twenty days after enactment of this Act and shall
15 update on an annual basis or as needed, the following printed materials, which shall
16 also be included as printable portable document format documents from the
17 department's website:
18 * * *
19 (2) A list arranged geographically, including the name, address, hours of
20 operation, website address if available, and telephone number of each entity which
21 offers obstetric ultrasounds free of charge. The list shall not include any facility that
22 counsels, refers, performs, induces, prescribes, or provides any means for abortion.
23 (2)(a) A list arranged geographically of Louisiana-based public or private
24 nonprofit agencies, including the name, physical address, website address if
25 available, and telephone number of each of the following:
26 (i) Entities which offer obstetric ultrasounds free of charge.
27 (ii) Entities which offer free and confidential counseling to a woman
28 considering placing her child for adoption, along with the information provided
29 pursuant to Subparagraph (C)(1)(e) of this Section.
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1 (b) The lists provided for in this Subsection shall not include any facility that
2 counsels, refers, performs, induces, prescribes, or provides any means for abortion.
3 * * *
4 §1061.17.1. Development of AdoptionOption.La.Gov website; task force
5 The governor shall convene a task force to assist the Louisiana Department
6 of Health in the preparation of the printed and Internet materials provided for in R.S.
7 40:1061.17(C)(1)(e) and (D), and to develop public education initiatives to publicize
8 the information in a manner consistent with state law. The task force shall be
9 composed of the following members:
10 (1) Up to two licensed clinical social workers licensed by the Louisiana State
11 Board of Social Work Examiners, each of whom shall have experience in assisting
12 birth mothers in navigating the adoption process.
13 (2) Up to two Louisiana residents who provide pre-abortion or post-abortion
14 counseling in association with a nonprofit organization that does not counsel for or
15 provide abortion.
16 (3) Up to two attorneys licensed in Louisiana and employed by nonprofit
17 organizations who specialize in advocacy for women at risk of being coerced into
18 abortion, or who specialize in navigating the adoption process.
19 (4) Up to two Louisiana residents who are employed by public or private
20 nonprofit adoption agencies.
21 (5) Up to two executive directors of Louisiana nonprofit organizations that
22 promote adoption as an alternative to abortion, or their designees.
23 (6) Two members of the Senate appointed by the president.
24 (7) Two members of the House of Representatives appointed by the speaker.
25 (8) The secretary of the Louisiana Department of Health or his designee,
26 who shall serve as the chairperson of the task force.
27 Section 2. This Act may be referred to as the "Adoption Option Act".
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DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 449 Engrossed 2018 Regular Session Edmonds
Abstract: Providing for information on adoption to be conveyed pursuant to laws relative
to informed consent to an abortion.
Proposed law provides that it may be referred to as the "Adoption Option Act".
Present law requires the La. Dept. of Health (LDH) to publish an abortion alternatives and
informed consent website. Provides for information to be featured on the website including
information on adoption.
Proposed law retains present law and stipulates that the website shall feature information on
adoption agencies that are not affiliated with an abortion provider, along with easily
comprehensible first steps to aid pregnant women seeking to confidentially explore the
option of placing her child for adoption, and indicating whether the adoption agency allows
the woman to choose the adoptive parents.
Proposed law requires that the adoption-related information on the abortion alternatives and
informed consent website be accessible by redirecting from the domain name
"AdoptionOption.La.Gov".
Present law requires LDH to publish printed materials which abortion providers are required
to give to a woman prior to an abortion in order for consent to the abortion to be deemed
voluntary and informed.
Proposed law retains present law and adds thereto a requirement that such materials include
the adoption-related information provided on the abortion alternatives and informed consent
website, along with a list of entities which offer free and confidential counseling to a woman
considering placing her child for adoption. Stipulates that such list shall not include any
facility that counsels, refers, performs, induces, prescribes, or provides any means for
abortion.
Proposed law requires the governor convene a task force to assist LDH in the preparation
of the printed and Internet materials provided for in proposed law, and to develop public
education initiatives to publicize such information on abortion alternatives. Provides that
the task force shall be composed of the following members:
(1)Up to two licensed clinical social workers licensed by the La. State Board of Social
Work Examiners, each of whom shall have experience in assisting birth mothers in
navigating the adoption process.
(2)Up to two La. residents who provide pre-abortion or post-abortion counseling in
association with a nonprofit organization that does not counsel for or provide
abortion.
(3)Up to two attorneys licensed in La. and employed by nonprofit organizations who
specialize in advocacy for women at risk of being coerced into abortion, or who
specialize in navigating the adoption process.
(4)Up to two La. residents who are employed by public or private nonprofit adoption
agencies.
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(5)Up to two executive directors of La. nonprofit organizations that promote adoption
as an alternative to abortion, or their designees.
(6)Two members of the Senate appointed by the president.
(7)Two members of the House of Representatives appointed by the speaker.
(8)The secretary of LDH or his designee, who shall serve as the chairperson of the task
force.
(Amends R.S. 40:1061.17(C)(1)(e) and (D)(intro. para.) and (2); Adds R.S. 40:1061.17.1)
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